Los Angeles daily herald., 1887-04-11
PROCLAMATION I!
STA e OF CALIFORNIA,
EXECUTIVE DEPARTMENT,
SACRAMENTO. March Is, 1887.

WHEREAS, the Legislature of the State OF
California, at its twenty-seventh session, be-
ginning on the third day OF January. A. D.
eighteen hundred and eighty.seven, two
thirds of all the members elected to esch oi
the two Houses of said Legislature voting In
favor thereof, proposed the following de
scribed amendments to the Constitution Of
the State of California, to wit:
AMENDMENT NUMBER ONE.
To propose to the people of the State on
amendment to the Constitution of the
State, relative to the Judiciary Depart
ment.
RESOLVED, That the Legislature of the State
of California, al its regular session. com
mencing on the third day of January, A. D..
eighteen hundred and eighty seven, two
thirds of all the members elected to each Of
the Houses of said Legislature voting In ia
thereof hereby propose p that sections
tion of said Sta.e be amended to read al
Section 2. The Supreme Court shall co n.
sist of seven Justices. The Associate JUS
tices of the Supreme Court, in oiiice at ne
the Constitution are hereby continued in
office as Justices of the Supreme Court for
the remainder of the terms to which they
were respectively elected. The Justices
ustice. and he shall hold the office of Chief
Justice of said court for term OF two
wears At the expiration of the term OF the
Chief Justice first elected, and every two
years thereafter the Justices shall electa
Chief Justsce for a like term OF two years.
An entry of the election OF such Chief Jus
tice shall be made in the minutes of the
court and signed by four Justices. When.
ever thereafter vacancy occurs in the Of.
fee of Chief Justice. a like election shall
be had to fill such Office for the unexpired
partments or in bank, and shall always be
open for the transaction of business. There
shall be two departments, denominated, re
spectively, Department One and Department
Two. The Chief Justice shall assign three
of the Justices to each department, and
such assignment may be changed bv him
from time to time. The Justices shall be
competent to sit in either department, and
may Interchange with each other by agree.
ment among themselves or as ordered by
shall have the power to hear and determine
causes and all questions arising therein,
subject to the provisions hereinafter con-
tanned in relation to the Court in bank The
presence Of three Justices shall be necessary
to transact any business in either of the de-
partments, except such as may be done at
chambers, and the concurrence OF two Jus
uces shall be necessary to pronounce q
judgment. The ChiefJustice shall apporlion
the business to the departments and msy,
in his discretion. order any cause pending
before the Court to be heard and decided by
the Court in bank. The order may be made
before or after judgment pronounced by a
but wDere cause has been al
lotted to one Of the departments, and judg-
ment pronounced thereon, the order must
be made within thirty days after such judg.
ment and concurre in by twoJ Justices, and IL
SO made 1t shall have the effect to vacate and
set aside the judgment. Any four Justices
may, either before or after judgment by a
department, order case to be heard In
bank. If the order be not made within the
time above limited. the judgment shall be
final. No judgment bya department shall
become final until the expiration of the
period of thirty days aforesaid, unless ap-
proved by the Chief Justice. In writing,
with the concurrence of two Justices The
Chief Justice may convene the Court in
bank at any time, and shall be the presiding
Justice of the Court when so conven ned. The
concurrence Of tour Justices present at the
argument shall be necessary to pronounce a
judgment in bank but II four Justices, so
present. do not concur in judgment, then
all the Justices qualified to sit In the cause
shall hear the argument; but to render a
shall be necessary. In the determination
of causes all decisions of the Court in
bank, or in departments, shall be given
in writing and the grounds of the decision
shall be stated The Chief Justice may sit
in either department. and shall preside
to each department shall select one of theiI
number as presiding Justice. In case OF
the absence of the Chief Justice from the
place at which the court is held, or his ina
bility to act. the Associate Justices shall Sc
lect one of the own number to perform
the duties and exercise the powers OF the
Chief Justice during such absence or ina
bility to act. The supreme Court Commits
sion, created by the act OF the Legislature,
approved March twelfth, eighteen hundred
and eighty-five. shall continua and be Su-
preme Court Commission for four years af-
ter the adoption OF this amendment. Said
may be continued for such
time thereaft-r as may be liked by an act
passed by vote of two-thirds of the elected
members of each House of the Legislature.
and approved by the Governor. The mem
bers thereof and Secretary shall be ap-
pointed as in said act provided; and such
shall be subject to removal
N like manner as the Judges of the Su-
)reme Court Said com mmission snail nave
he same power to hear and determine
,auses possessed by department of the
supreme Court, and causes may be assigned
O the commission In the same manner they
re assigned to a department., and after de-
ision they may be ordered heard In bank
n the same way, and with like restrictions
3 il decided in department. The judg-
nents of the commission shall be entered
s the judgments of the court. The COM
1ission shall sit at such times and places as
lay be designated by the court, but such
RS shall not exercise any
ndiciai functions except when assem-
led as a com mission, and then they
hall only have power to hear and deter |
line such causes as m ~ have been assigned |
D them.
Section 8. The Justices of the Supreme |
ourt shall be elected by the qualified |
1ectors Of the State at large. at the general |
tate elections. and the times and places at |
7hich State officers are elected; aud the |
erm Of ONCE shall be twelve years from J